Canadian case law had not previously established a clear guidance on whether a business owes a duty of care to someone who is injured following a theft on its premises. The Supreme Court of Canada delivered a decision on May 11 to address this issue in Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19.
We are very excited to announce that Martin & Hillyer Associates has partnered with local business, The Common Moms, to offer a FREE CAR SEAT CLINIC to local parents. This event will be taking place in the Martin & Hillyer parking lot at 2122 Old Lakeshore Road in Burlington on October 24th.
When planning your will, one of the most important decisions you will make is who to appoint as your estate trustee. Many testators select a trusted family member or friend to fill this role. However, some individuals do choose to instead appoint a third party such as a trust company, or a lawyer. Today we will review a few questions that testators could ask themselves when making this decision.
Martin & Hillyer is honoured to have been nominated in three categories in the Hamilton Spectator's 2018 Readers' Choice Awards! If you appreciate the local legal expertise we provide, you can show your support by voting for Martin & Hillyer until September 25, 2018!
As I sit quietly by the lake watching the comings and goings of families enjoying their summer holidays I cringe at the risks many will take some with tragic consequences.
Asking these 3 simple questions can help you avoid confusion and surprises when choosing a personal injury lawyer in today's world of misleading marketing, fake law firm websites, referral brokerages and other shenanigans.
Most standard automobile policies insure their clients for $1,000,000. That may seem like a large sum of money, but if you are unfortunate enough to be seriously injured in a car crash, and need a life time of medical treatment and rehabilitation and cannot work again, the $1,000,000 from the at fault driver’s insurance company may not last very long.
A divorce or separation can have a big impact on one’s estate. There are a number of different variables that can interact in different ways to produce different results.
I represent people who have been injured in accidents as a result of other peoples’ carelessness. I’m not an accountant. I’m not a financial planner. I’m a lawyer. I don’t have the expertise to give financial advice.
But not uncommonly, I have clients who are worried about their financial future because of their injuries – usually because they are unable to work or unable to earn the same money they did before their accident.
With spring in the air comes the intermittent hum of passing motorcycles.
For this outdoor enthusiast, with a love of all manner of transportation, this time of year brings memories of travelling to Port Dover on my 1958 Harley Davidson motorcycle.
A recent Court of Appeal decision confirms that insurance companies don't have to tell claimants about limitation periods.
The Ontario Liberals’ 2018 budget has a section on auto insurance reform and frustratingly (but unsurprisingly), it is focused entirely on reducing rates rather than on enhancing protections. Once again, the needs of injury victims are getting eroded for short-term political gain based on insurance industry talking-points. We take a look at the reality behind the promises.
There are some important issues you should consider when making beneficiary designations and planning your estate:
1) Have you designated the same people as beneficiaries on your registered plans/life insurance as are the beneficiaries in your will?
2) Have you designated anyone who has a legal disability as primary or contingent beneficiaries?
What is a Deductible?
Problematic marketing of legal services in Ontario – especially personal injury services – has been in the news a lot recently. Using problematic techniques to target injured people who are looking for a lawyer to help them at a difficult time is especially distasteful. So we’ve prepared this guide to legal marketing mumbo-jumbo to help you see through the nonsense and the jargon, and understand what does and does not matter when you are looking for a personal injury lawyer.
There is a movement underway that originated with the judiciary in Toronto to amend the Rules of Civil Procedure to expand the scope of Simplified Procedure.
To receive short-term and longterm disability benefits, you have to qualify as "disabled" from working. What does this mean? We look at the different legal tests that commonly apply in LTD and STD insurance claims.
Recent changes in the exemption rules for people receiving ODSP and Ontario Works benefits will help seriously injured people recover fair compensation without jeopardizing the benefits they rely upon.
Your friend or loved one has pased away and appointed you as their executor in their will - what do you do?
Martin & Hillyer is honoured to have been nominated in three categories in the Hamilton Spectator's 2017/18 Readers' Choice Awards! If you appreciate the local legal expertise we provide, you can show your support by voting for Martin & Hillyer until September 26, 2017!
If you’re in the midst of a lawsuit and in particular, an auto accident case, you should to be aware of what others post about you and be careful about what you post, and keep in mind that anything that is posted may become part of your case. Perhaps you may even want to stop using social media.
Just how much information is your insurance company allowed to know about you? Do insurers have the right to access your credit information to assess your case? A recent case considers this question and a questionable insurance industry practice.
If you are purchasing a home after April 21, 2017, your real estate lawyer will now have to prepare additional documentation to confirm whether or not the NRST applies to your purchase.
Are you considering a full and final settlement of your personal injury claim or Accident Benefits claim? A structured settlement may be a viable investment option for you so that you do not have to worry avout how to manage a large lump sum of money.
If you are receiving Long Term Disability (LTD) benefits most likely you have received a letter from your insurer requesting that you apply for CPP disability benefits. Your insurer has also likely informed you that should you qualify for CPP disability benefits it will be entitled to deduct this monthly benefit from your LTD benefit. The purpose of this article is to address in a general fashion questions clients usually have when faced with a request (or sometimes a ‘demand’) from their insurer to apply for CPP disability benefits.
On January 3, 2017 the Discovery Channel debuted Heavy Rescue: 401, a reality show that follows emergency rescue and recovery towing operators on Ontario’s 400-series highways. The show follows on the heels of Highway Thru Hell, a highly successful program filmed in the British Columbia interior which finished its fifth season in 2016.
Often, the process to obtain the funds that are owed to you can be stressful and overwhelming, especially following an accident. It is most often in your best interest to seek legal advice following an accident. The lawyers at Martin & Hillyer Associates are here to help give you the strategic edge that you might not otherwise have.
In Canada, falls are the leading cause of injury-related deaths and hospitalizations. It can be very beneficial to take preventable measures that help avoid slips and falls from happening and resulting in a lawsuit. The lawyers at Martin and Hillyer Associates know and understand just how devastating the repercussions can be, which is why slip and fall prevention is so important.
You may have heard that your car insurance benefits got slashed on June 1st. But did you know that you can restore much of the coverage you've lost for as little as $4.08/month? Last week our personal injury lawyers presented a talk to Hamilton Health Sciences staff at the General Hospital about how consumers and industry professionals can work together to deal with Ontario's recent car insurance cutbacks.
New changes to Ontario's Residential Tenancies Act allow individuals experiencing domestic violence and abuse to end their leases early so they can escape dangerous situations. Learn more about these changes that came into effect with the Sexual Violence and Harassment Action Plan Act, a key part of the Ontario government's sexual violence action plan called, "It's Never Okay".
With Ontario's new Sexual Violence and Harassment Action Plan Act, employers are being asked to do more to prevent and respond to the problem of workplace sexual harassment. Learn about the new requirements for Ontario employers that are coming in as part of the Ontario government's sexual violence action plan called, "It's Never Okay".
Recognizing the problem of sexual violence on our university and college campuses, Ontario's new Sexual Violence and Harassment Action Plan Act requires post-secondary institutions to put in place comprehensive sexual violence policies. Learn about the new requirements for colleges and universities that are coming in as part of the Ontario government's sexual violence action plan called, "It's Never Okay".
With Ontario's new Sexual Violence and Harassment Action Plan Act, limitation periods for civil and victims' compensation claims have been dramatically reformed. Learn about the reforms to limitation periods for claims based on sexual violence that have come in as part of the Ontario government's action plan to stop sexual violence called, "It's Never Okay".
The Ontario government passed the Sexual Violence and Harassment Action Plan Act (aka Bill 132) in March of this year as part of its sexual violence action plan called "It's Never Okay." The new act brings in wide-ranging reforms to reduce sexual violence, and to protect and empower survivors. Learn about the reforms that have happened already, and find out what changes are still to come when the final provisions of this important legislation come into force.
Very few lawsuits in Ontario go all the way through a trial – most will settle well before that. Mediations can be a valuable tool to help all sides in a lawsuit come together to see if they can hammer out a voluntary settlement to resolve a dispute, avoiding the costs, delays and risks of a trial.
Recovering from an accident can be a very overwhelming and stressful time. The lawyers at Martin & Hillyer Associates understand the impact that a personal injury can have. We are dedicated to providing you with quality care and guidance during your recovery.
During your recovery, taking small actions to get proper documentation can greatly affect the financial outcome of your case or claim. If you decide to proceed with a local personal injury lawyer or an insurance claim and you end up going to court, the more evidence you present the greater your chances of receiving compensation become.
Martin & Hillyer is honoured to have been nominated in three categories in the Hamilton Spectator's 2015/16 Readers' Choice Awards! If you appreciate the local legal expertise we provide, you can show your support by voting for Martin & Hillyer until September 26, 2016!
New research published in the Journal of Neurotrauma provides compelling evidence regarding the long-term effects of concussion on the brain. The study compared the brains of athletes who had sustained concussions through sport with athletes who had not been injured in this way. The results are relevant and informative to all who have suffered a traumatic brain injury; they highlight the importance of moving forward with legislative initiatives such as Rowan’s Law, which will further protect those who engage in sport.
The time following an accident or injury of any kind can be stressful. Although it may be difficult, it is important to get back on track and sort things out as soon as possible. This is especially important if you are considering filing a personal injury claim. The personal injury lawyers at Martin & Hillyer Associates in Burlington can help you to proceed with your injury claim quickly and effectively. You can request a free consultation with one of our expert personal injury lawyers to discuss your case.
Being involved in a motor vehicle collision can be a frightening and stressful experience. The lingering effects can have a negative impact on your physical, emotional and financial well-being for years to come. Although a motor vehicle collision is sudden, it’s important to be well-versed in the proper steps to take following an accident.
On June 1, 2016, the automobile insurance coverage available to Ontarians fell dramatically, meaning car crash victims will now receive significantly less money to help them get back on their feet. The decreased coverage will take effect upon policy renewal. Unless consumers purchase optional additional coverage, the amount of coverage they have will be significantly less than it was prior to the June 1st changes.
Recent car insurance cutbacks are greatly going to affect the amount of coverage Ontario drivers will receive. Effective June 1st, the cutbacks will affect the benefits a driver would receive in the event of a motor vehicle collision.
In the aftermath of recent cutbacks to car insurance coverage in Ontario, it’s more important than ever to make sure you have the protection you need in case your or a member of your family is involved in a car accident. There are a number of options you can add to your insurance policy to enhance the coverage available to you. Purchasing the right mix of optional benefits for you and your family will ensure that the insurance you pay for actually provides the protection you need.
A change in legislation that happened on June 1st has drastically cut the insurance coverage available to you, including cutting coverage for catastrophic injuries in half. Before this change in legislation, people who suffer the most serious injuries in car accidents had access to up to $2 million in coverage for their medical, rehabilitation and attendant care needs.
On June 1, 2016, major cutbacks will be made to car insurance benefits in Ontario. Learn about the changes and find out how you can ensure that you and your family still have the protection you need. Join the personal injury lawyers at Martin & Hillyer for a free information session and Q & A.
The Ontario government continues to allow insurance companies to erode coverage for Ontario motor vehicle accident victims. The draft Common Traffic Impairment (CTI) Guideline proposes to reduce available treatment to below critical levels.
The Martin & Hillyer Guide is a free quick-reference tool for healthcare providers who become involved in personal injury litigation.
Slater and Gordon is a massive publicly traded international law firm that recently made the financial news in Australia when its share price took a fall of more than forty percent. The company has been an aggressive proponent of Alternative Business Structures (ABS), a law firm structure that permits non-lawyers to own law firms.
The Ontario government is proposing changes that will drastically reduce the benefits that you are entitled to claim from your insurance company if you are in a car accident.
Martin & Hillyer Associates and the Ontario Trial Lawyers Association (OTLA) with its partners donated 90 bike helmets to the entire Grade 2 class at Tom Thomson Public School.
Uber maintains it has sufficient insurance to protect customers of the popular ride-sharing program, but refuses to produce the paperwork to prove it. On March 9, 2015, Uber asked an Ontario Superior Court Judge for an Order to seal its insurance policy, claiming it is necessary to do so for “competitive reasons”.
Despite Superior Court Chief Justice Heather Smith’s call for prompt judicial appointments, Ontario is approaching the end of the year with nearly 30 vacancies for federally appointed judges across the province and no new appointments since April.
The OTLA believes two key provisions of the new auto insurance bill will be harmful to accident victims, says Laura Hillyer. According to Laura Hillyer, an OTLA director and a lawyer with Martin & Hillyer Associates, the trial lawyers are in favour of the majority of the legislation. But they believe two key provisions will be seriously harmful to innocent accident victims.
The Royal Ontario Museum is hosting “Fashion Follows Form: Designs for Sitting”, an exhibit highlighting adaptive clothing designs for men and women who use wheelchairs. The exhibit has been running since June 21, 2014 and will go until January 25, 2015. The exhibition showcases designs from Izzy Camilleri, a Canadian designer with an impressive list of clients including David Bowie, Mark Wahlberg, Jennifer Lopez, Angelina Jolie, and Meryl Streep.
Most parents are familiar with the usual dangers associated with swimming. However, little is known of the potentially very serious hazards associated with “swimming pool entrapment”. Children are particularly vulnerable to entrapment which occurs when swimmers become trapped at or against a pool or spa drain, due to pump suction. Hair, body parts, bathing suits and jewellery can lead to entrapment and the resulting injuries include death by drowning, evisceration and disembowelment.